Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") are a binding agreement between you and NeoWare Inc. ("NeoWare," "we," "our," or "us"), a company organized under the laws of the State of Florida. By accessing or using NeoWare's website at neoware.io and related corporate properties (collectively, the "Services"), you agree to these Terms. If you do not agree, do not use the Services.

NeoZip and other NeoWare products may be offered through separate websites, applications, or license terms. Use of those products is governed by the terms presented at the point of use, in addition to any applicable open-source licenses.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract under applicable law to use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Intellectual Property Rights

The NeoWare name, logos, website content, designs, and other materials made available through the Services are owned by NeoWare or its licensors and are protected by United States and international intellectual property laws. You may not use NeoWare trademarks or branding without our prior written consent.

Our open-source software, including NeoZip libraries such as neozipkit and neozip-blockchain, is made available under the license terms stated in the applicable source repositories. Your use of open-source components is governed by those licenses, not by these Terms, except where these Terms apply to your access to our website and corporate properties.

4. Acceptable Use

You agree to use the Services only for lawful purposes and in compliance with these Terms and all applicable federal, state, and local laws, including Florida law. You agree not to:

• Violate any applicable law, regulation, or third-party right
• Attempt to gain unauthorized access to any part of the Services or related systems
• Interfere with or disrupt the integrity, security, or performance of the Services
• Scrape, crawl, harvest, or extract data from the Services without authorization
• Upload or transmit malware, harmful code, or content that is unlawful, defamatory, or infringing
• Misrepresent your affiliation with NeoWare or use the Services in a manner that is deceptive under the Florida Deceptive and Unfair Trade Practices Act or other applicable consumer-protection laws

5. Third-Party Services and Links

The Services may reference or link to third-party websites, products, or services, including neozip.io, npm packages, and GitHub repositories. NeoWare does not control and is not responsible for third-party content, terms, or practices. Your use of third-party services is at your own risk and subject to their terms.

6. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING FLORIDA LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. NEOWARE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted, secure, error-free, or free of harmful components, or that defects will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties. In such cases, the exclusions above apply only to the extent permitted by the laws of your jurisdiction, including Florida law where applicable.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING FLORIDA LAW, NEOWARE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF NEOWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEOWARE'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100.00) OR THE AMOUNT YOU PAID NEOWARE FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, WHICHEVER IS GREATER.

Nothing in these Terms limits liability that cannot be limited under Florida law, including liability for fraud, intentional misconduct, or gross negligence, or any rights you may have as a consumer that cannot be waived under the Florida Deceptive and Unfair Trade Practices Act or other non-waivable consumer protections.

8. Indemnification

You agree to indemnify, defend, and hold harmless NeoWare and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of these Terms, or your violation of any law or third-party right.

9. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Florida, without regard to conflict-of-law principles that would require the application of another jurisdiction's laws.

Except where prohibited by applicable law, you and NeoWare agree that any legal action or proceeding arising out of or relating to these Terms or the Services will be brought exclusively in the state courts located in Florida or the United States federal courts located in Florida, and you consent to the personal jurisdiction and venue of those courts.

Before filing a claim, you agree to contact us at info@neoware.io and attempt to resolve the dispute informally.

10. Electronic Communications

By using the Services and providing your contact information, you consent to receive communications from us electronically, including notices posted on the Services or sent by email, consistent with the federal Electronic Signatures in Global and National Commerce Act and applicable Florida law.

11. Changes to Terms

We may modify these Terms at any time. If we make a material change, we will post the updated Terms on this page and update the "Last updated" date. Where required by law, we will provide additional notice. Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.

12. General Provisions

If any provision of these Terms is held invalid or unenforceable under Florida law or other applicable law, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms without restriction. These Terms, together with our Privacy Policy and any additional terms presented for specific products, constitute the entire agreement between you and NeoWare regarding the Services.

13. Contact Information

Questions about these Terms may be directed to:

NeoWare Inc.
State of Florida, United States
Email: info@neoware.io